Catholic school can fire teacher for premarital sex, NJ Supreme Court rules

The state Supreme Court has ruled that a parochial school can fire an unmarried pregnant elementary school teacher because she violated the archdiocese's Code of Ethics by having premarital sex.

The court decided unanimously Monday to uphold the decision by St. Theresa School in Kenilworth to fire Victoria Crisitello in 2014, citing the "religious tenets exception" of New Jersey's Law Against Discrimination.

In dismissing Crisitello's lawsuit against the school, which was filed in 2014 and was scheduled for trial in December, the Supreme Court ruled that the religious tenets exception allowed the school and the Archdiocese of Newark to require its employees, as a condition of employment, to abide by Catholic law, including that they agree to abstain from premarital sex.

When she started working for the school in 2011, Crisitello, a practicing Catholic and a graduate of the school, had accepted that condition of her employment and acknowledged that St. Theresa's required her to abide by the tenets of the Catholic faith, including that she not engage in premarital sex.

It is undisputed, the court wrote, that Crisitello signed a document acknowledging that she had read and accepted the Code of Ethics when she began her job as art teacher at the school.

Crisitello taught part-time at the school until 2014 when Sister Lee, the principal, asked her about teaching full time. During that meeting Crisitello said she was pregnant and a few weeks later Sister Lee fired her, saying she had violated the Code of Ethics.

Lee told the teacher that she was not being fired because of her job performance, but because she violated the church's ethical standards by engaging in sex outside of marriage.

In court papers, Lee explained that Crisitello "has not exhibited the highest Christian ethical standards and personal integrity."

The principal also said that "sex outside of marriage is not permitted in the Catholic Church."

Lee also said the school has "nothing against pregnant teachers" as long as they were married.

More: We tracked 820 suits alleging sex abuse against Catholic Church in NJ

Crisitello then filed suit against the school, alleging discrimination based on her marital status and pregnancy.

Crisitello did not raise an objection the school's code of conduct but argued she had been "singled out" for the application of the code.

A Superior Court judge ruled in favor of the school, saying that Crisitello was fired for violating the Code of Ethics.

But an Appellate Court reversed that decision, saying that Crisitello had made a sufficient case of discrimination.

The case returned to Superior Court where again a judge ruled in favor of the school. The judge said that in another school in the archdiocese, an unmarried male teacher had been fired after he admitted that his girlfriend was pregnant with their child. The judge also ruled that St. Theresa's supports its married teachers who become pregnant.

But an Appellate Court reversed that decision, saying that "pregnancy alone" was not enough evidence to justify violation of the Code of Ethics and that Crisitello, as art teacher, did not perform "vital religious duties."

The court also wrote that the school "never made any effort to determine whether any of its other employees have violated the school's prohibition against 'immoral conduct,’” that could cause "scandal."

St. Theresa's then appealed that decision to the state Supreme Court where it was represented by Peter Verniero, former state Attorney General and Supreme Court justice.

The Supreme Court wrote that there was no dispute in the facts of the case and Crisitello had not presented any evidence that the reason given for her firing was false.

Email: mdeak@mycentraljersey.com

Mike Deak is a reporter for mycentraljersey.com. To get unlimited access to his articles on Somerset and Hunterdon counties, please subscribe or activate your digital account today.

This article originally appeared on MyCentralJersey.com: NJ Catholic school can fire teacher for premarital sex, court rules